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accident | accident solicitor wins £600,000 for British soldier in PTSD claim
If you have an accident while serving in the Britsh armed forces and it was the fault of your employer, the Ministry of Defence; you can make a claim for compensation.
You do not have to leave the Armed Forces before you can claim. Even if the accident was abroad, if the claim is against the Ministry of Defence, it can be brought before the English Courts.
For a no win, no fee, free assessment of a UK military accident compensation claim, please contact our specialist military claim solicitors today.
Call our solicitor 0870 143 3191
Press Release 29 July 2005
accident | accident solicitor wins £600,000 for British soldier in PTSD claim.
In a groundbreaking decision, the High Court has today awarded a former soldier £620,000 damages against the Ministry of Defence for their failure to identify and treat his post traumatic stress disorder (PTSD). This is the first such award of its kind.
Malcolm New, aged 46, served 5 Tours of Duty in Northern Ireland with the Royal Welsh Fusiliers between 1979 and 1994 and in 1990 was awarded the British Empire Medal for distinguished service.
Towards the end of his army career Malcolm developed PTSD as a result of witnessing and participating in extreme traumatic events in the course of his military service. An earlier Trial in 2002 concluded that the army had been negligent in failing to diagnose PTSD and the current Trial was concerned with whether this breach of duty had caused financial loss to Malcolm.
In his judgement Mr Justice Owen noted that until developing PTSD Malcolm had been an outstanding soldier. The judge said that during his career Malcolm New had:
"Demonstrated outstanding qualities of leadership..in 1990 his qualities of leadership, dedication and resourcefulness when serving in Northern Ireland were recognised by the award of the British Empire Medal in the New Year's Honours List..(Mr New) was committed to a military career from very early in life. He is justifiably proud of all he has achieved in the army. It is also apparent he retains great pride in his regiment (and) remains fiercely loyal to it."
Mr Justice Owen today held that, but for the MOD's breach of duty Mr New "would have been able to live a stable domestic and social life, and to secure and hold employment commensurate with his abilities". However, as a result of the MOD's failure to identify and treat his condition "it is no exaggeration to say that (Mr New) is a shadow of his former self..his life is dominated by his condition, he spends most of his time at home, withdrawn and isolated. He has paranoid fears of strangers. He suffers flashbacks, nightmares, panic attacks and headaches..From being a man who enjoyed conspicuous success in his chosen career, he has become someone whose self-respect has been dramatically eroded, and for whom the future is bleak."
In responding to the Judgment Malcolm New said, "This was never about money, it was about recognition for all who have served Queen and Country. I want to pay tribute to Ty Gwyn and Combat Stress - without them I wouldn't be here."
accident | accident solicitor Richard Scorer and Malcolm's solicitor, said today "This landmark judgement is the first such award to a present or former member of the armed forces. It recognises for the first time the devastating effects of Post Traumatic Stress Disorder and the hidden suffering of many former servicemen and women. Professional soldiers such as Malcolm New fully expect to suffer injury in the line of duty, and have no complaint when they do. All they ask is that the British army supports them when they are injured and treats those injuries. This has always been taken for granted so far as physical injuries are concerned. The position should be no different for psychiatric injury."
For a no win, no fee, free assessment of any UK military accident or injury compensation claim please contact an accident | accident solicitor today.
Call our military claim solicitors on 0870 143 3191
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